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(영문) 울산지방법원 2014.11.18 2014노663
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (six months of imprisonment, two years of suspended execution, two years of community service, 40 hours of imprisonment) is too unreasonable.

However, considering the overall sentencing conditions such as the circumstances favorable to the defendant, the fact that the defendant was not immediately driven after drinking, not a person who has a high drinking level, the fact that the defendant was covered by a comprehensive insurance and there is no criminal power related to traffic accidents or driving, etc., which are favorable to the defendant, the occurrence of traffic accidents while driving under the influence of alcohol, the degree of damage to the victim, the degree of damage to the victim is severe, and the defendant's age, character and behavior, environment, etc., the punishment imposed by the court below is deemed reasonable and too unreasonable. Thus, the defendant's assertion of unfair sentencing is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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